T-Mobile reduce data allowance for customers from 1st February

There are lots of emails flying in at the moment from avid Bitterwallet readers, concerning an SMS message sent to customers this morning by T-Mobile.

The message states that from 1st February, the fair use policy amount for internet on a customer's phone will be reduced to 500MB a month. There's also a link to their website, which provides more detail:

Changes to Mobile Internet fair use policies

T-Mobile is the only operator to give customers the Mobile Internet for a fixed-price. We never charge our customer's more than they expect for their Mobile Internet in the UK.

Therefore you'll never need to worry about how many emails you've sent, how long you've been on-line or the ‘data / GB’s’

Browsing means looking at websites and checking email, but not watching videos, downloading files or playing games. We’ve got a fair use policy but ours means that you'll always be able to browse the internet, it’s only when you go over the fair use amount that you won’t be able to download, stream and watch video clips.

So Whats Changing? - From 1st February 2011 we will be aligning our fair use policies so our mobile internet service will have fair use of 500MB.

What Does This Mean? - We’ll always let you email and browse the internet and you’ll never pay more than you agree to. We do have a fair use policy but ours is there to make sure we deliver the best service possible to all our customers. This means that you’ll always be able to browse the internet.

So remember our Mobile Broadband and internet on your phone service is best used for browsing which means looking at your favorite websites like Facebook, Twitter, Gmail, BBC News and more, checking your email and looking for information, but not watching videos or downloading files.

If you want to download, stream and watch video clips, save that stuff for your home broadband.

The issue we're hearing from several readers so far, is that this is a massive cut in the data allowance; some customers were sold Android handsets with a Fair Use Policy of 3Gb. Matt is one of them:

As an Android user I have a 3Gb allowance and regularly use a good percentage of it. I called this morning to get confirmation of this. When the customer service representative reiterated that my data allowance would indeed drop to 500Mb I requested termination of my contract. I was informed that would not be possible as the FUP was not part of my contract and was subject to change. I replied that surely it must be part of my contract as it was the advertised allowance and one of the reasons I decided to choose T-Mobile. The representative stated this was not the case and again stated that no cancellation was possible.

Just prior to e-mailing you I called again to check and received exactly the same information. The representative, Alex, said that customers will be notified by text message over the coming days. However he also asked me to “hang on for a few days because we’re not sure how this is really going to work”.

When Vodafone attempted a similar change last year, the FUP was clearly part of the contract Terms. What's going on with T-Mobile? The Fair Use Policy on the T-Moble website is written to suggest the FUP and 3Gb allowance (as in Matt's example) is inclusive, yet refers to it as "internet on your phone Plus":

Pay monthly plans which include internet on your phone on an Android phone

You'll get internet on your phone Plus included if you join us on a pay monthly plan with an Android phone in a T-Mobile store, over the phone or via our website, t-mobile.co.uk.

Remember that you can only use your internet on your phone Plus Booster in the UK and you can't use your phone as a modem or use Internet on your phone Plus for peer to peer file sharing, or making internet phone calls. *Internet on your phone Plus comes with a fair use policy of 3GB a month.

Boosters are what T-Mobile call "additional services", meaning those extras you add on top of your tariff, services that T-Mobile didn't agree to supply when the contract began. But this booster was sold inclusive of the contracted tariff; reader Paul points out that the T-Mobile site is still selling its tariffs in exactly the same way, with a free booster that's inclusive to the contract agreed with the customer:

What is evident is that the service is inclusive to the tariff; neither Paul nor Matt pay any additional charges for the service, just one lump sum every month.

Cast your mind back to last summer, when O2 announced it was reducing its data allowance to 500Mb. Many customers had tariffs which included inclusive unlimited web bolt-ons (the Simplicity tariff, for example). However, O2 also announced the only customers that would be affected by the change would be new customers and those upgrading. Presumably this was because that while unlimited data allowance was an additional service, it was sold as a service inclusive to the monthly tariff.

Our thinking is this - a service that has no monetary value attached to it, that is included as part of the minimum monthly tariff, cannot also be an additional service. If the FUP is not part of a customer's contract, then how is it dictating the usage of a service sold as part of the contract?

We'll keep looking into this and update you as and when we have anything new to report; in the meantime, please send any details of dealings you have with T-Mobile to [email protected]

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75 comments

Ian C.

And to think i moved both my contracts to T-mobile from Vodafone because of them messing about with the FUP...
Here we go again, ...

Just read on another site that "If you’re already on a 1GB or 3GB data allowance, that won’t change."
So looks like anyone with T-Mob at the moment won't have anything to worry about until their contract ends.

Of course it's a contractual term. If it wasn't they wouldn't be able to charge for breaching it by going over the allowance. So the allowance has to part of the contract if breach is possible.
Ipso facto.

Just one thing... above you suggest that T-Mob won't count browsing the web towards the FUP... but the way I read it they are saying
"Browsing means looking at websites and checking email, but not watching videos, downloading files or playing games. "
I.E. I don't think they are separating out browsing from the FUP, I think it is included in the FUP.

I've got no real interest in leaving T-Mobile outright so that I can go and get another contract with free phone (which is what most people want when this crops up, after all) - but I'd certainly be interested to know if there's any precedent to get a reduction in my monthly line rental.

@FFS
Pretty much how I'm looking at it. I've only recently got a Desire HD off them and there's nothing else I'm vaguely interested in, I either want them to maintain my current data FUP or reduce line rental.

I was on o2 with unlimited data and when I downgraded 9 months into my contract they put me on 500mb. Although I only use about 150mb a month so it wasn't really a big deal.
I think people get far too concerned over these limits. I would consider my usage medium to heavy but since I'm in wifi so often I don't get close to the limit :-P

i'm as mad as hell about this.
i often use 2gb plus per month and took out a contract with t-mobile because they gave me a 3gb limit.
i've writen to them asking to cancel my contract and to show me the part of my contract that allows them to do this.

i have just sent this to t-mobile via a web form on their help and support page.
feel free to copy and paste/change it for your own use.
dear sir/madam, i have just received a text message from yourselves stating that my internet FUP is being reduced from 3gb to 500mb. i am deeply unhappy about this and feel that you are in breach of contract.
i have phoned your customer services and contacted yourselves via twitter and the response has been that the internet is an additional service provided to myself that can be changed by yourselves with 30 days notice.
could you please show me;
1.where in my contract it states that the internet is an additional service?
2. where in my contract it states that my call/sms allowance is not an additional service. 3. could you also tell me, if you need to give 30 days notice of any changes to my additional services, you can send a text on the 10th of jan and change the service on the 2nd of feb?
i would wish that both my contracts with yourselves are cancelled with no further charges to my account and PAC's are supplied to myself.

I still haven't had the text yet - I assume this affects all customers and its just taking a while to go out to everyone.
Just checked and between 3rd Jan and 9th Jan I have used 140,242.7 Kb. (=137MB). I work out that over the month (at similar use) that will put me on 600MB for the month...
IMHO this IS a change to the key terms of the contract.... the only question then is will the new charges be "enough" to mean the change is to my detriment (enough?) If so then I will be cancelling like a shot. Only got about 3 months left on my T-Mobile contract, but my Hero feels as pre-historic as the dodo (even with custom rom) so I need a change quickly.

@ Paul Smith... the tweet you linked to says "@VillainROM Hi, the new FUP is for both direct and indirect sales. We are the only company not to charge should you go over your FUP. Thanks"
By saying "We are the only company not to charge should you go over your FUP" - Would I be incorrect in thinking that despite them reducing my FUP from 3GB to 500MB, they still won't charge me if I go over the 500MB....
I'm confused.

I was the one who tried to get them to clarify it, and am @VillainROM on twitter.
My colleague spoke to them by phone and was told it only affects those who bought their contract via a third party, as opposed to direct. We tried to clarify this, and they said that wasn't correct.
Now we are trying to figure out if it's only people who aren't actively paying extra that are facing the cut. Android users appear to pay extra, as shown in the screenshot from my bill: (screenshot is the link)
http://dl.dropbox.com/u/7618177/T-mobile%20contract.png
To be honest, T-Mobile haven't got a clue. Some CS are saying it's not affecting android users, others say it is. All I can say is that management heads should roll after this... They can't answer questions promptly and are avoiding making direct answers to some of the tougher ones I asked... I wonder why... I might be a harsh questioner or something?

FFS! Here we go again... had this with vodafone last year, changed to tmob and its happening again!
They need to define exacly whats included, as this is all very sketchy. Are they saying we can browse as much as we like, but downloads ans streaming is capped at 500mb??

Doesn't the following in their T&Cs provide sufficient grounds on which to terminate contract?
2.11.2. If You are a Consumer and the change is of material detriment to You, We will send You Written Notice 30 days before the terms and conditions are due to change. The new terms and conditions will apply to You once that notice has run out, unless You terminate Your Agreement with Us within that notice period. If You do this You won’t have to pay any Cancellation Charge that would otherwise apply, see point 7.2.3.2.
1) They didn't give 30 days notice
2) No written notice
3) It IS of material detriment to me, and countless other customers who regularly use over 1GB per month

@ VillianROM
Thanks from the note. I have the bills of two readers as mentioned above - NEITHER pay an additional amount for their 3Gb allowance, it is bundled into their minimum monthly tariff. BOTH have received the text and been told their allowance will be reduced.
By all accounts, T-Mobile are imposing this change on everyone - new customers and old alike, whether they pay extra or not. Although it is clearly bundled into the basic monthly tariff of some existing customers, T-Mobile seem to be using wordplay to impose their new restrictions.
@ Me - between their statement and their Twitter activity, T-Mobile are saying they won't charge you if you go over 500Mb, but if you do then you won't be able to stream, download, watch videos etc.

@ Leaving tmob - you're right, for a percentage of existing users who regularly use over 500Mb a month, this will adversely affect the service they receive.
However, T-Mobile appear to be attempting to get around this by stating that their Fair Usage Policy isn't part of their contracted terms, which means that clause wouldn't be relevant. They're using penmanship to describe the data allowance as an additional service, which would be covered by clauses not in the core contract. In some cases - if you pay extra for it - this would be the case.
However, for customers who opted for the 3Gb allowance to be inclusive to their agreement, I'm not sure how the FUP isn't part of the contracted terms.

@Paul Smith
My contract was for an android phone where the 3GB FUP was included in the price plan, with an additional add on of my choice. I can't find anything in their T&Cs that states data/FUP is not part of my contract, am I missing something here?

T-Mobile customer, haven't had anything from them yet, but can see the situation is already a farce. There hasn't been 30 days notice, there has been nothing in writing (what if someone doesn't turn on their phone for a few weeks, for whatever reason), customer services haven't been informed if it affects everyone, and they're trying to cop out of their obligations with the classic 'additional service' excuse. Smartphones are sold with Internet inclusive because they would be useless without them, how is this an additional service exactly!
T-Mobile add web browsing up with everything else towards the allowance, but only allow web browsing once you hit it.

T-Mobile include web browsing with everything else that adds up towards the allowance, but only allow web browsing once you're over it.
Loving the classic cop out of 'it's an additional service,' yeah an additional service a smartphone would be useless without!

They may be using penmanship to work round the contract obligations but there may be catch.
Because the FUP is defined as 3gb in the T&S and is being reduced to 500mb, that is a 'material change' to the contract and you may be entitled to cancel.
I need to do some reading..

Refer T-Mobile to OFCOM's General conditions of entitlement:
9.3 Where the Communications Provider intends to modify a condition in a
contract with a Consumer which is likely to be of material detriment to
the Consumer, the Communications Provider shall:
(a) provide the Consumer with at least one month’s notice of its
intention detailing the proposed modification; and
(b) inform the Consumer of the ability to terminate the contract
without penalty if the proposed modification is not acceptable to
the Consumer.
I wonder will T-Mobile be voted the worst company of 2011?

I have used about 300MB withing the last 8 days and I wonder what Tmobile will do about this, Like others have said I have absolutely no interest in leaving Tmobile all I want is just to maintain my current price plan and allowance as it was. Am a business user by the way with an android device, I have written to my business contract manager and I am awaiting his response, I ll update here when i have a response, and I have not yet received any text to that effect.

Hang on a sec, im confused..
Do these changes mean.
1) I can surf as much as i want, because their data limit doesnt apply to bog standard browsing.
but
2) I can only use 500Mb of Video streaming et al
?
In which case, its not really that bad, imo.
I find video streaming pretty .. well. crappy. over 3G anyway, so barely do it.

@leaving tmob, their terms and conditions allow for a text message to count as written notice. However you have pointed out the relevant condition which I believe will allow you to cancel your contract and I believe the lack of 30 days notice to indicate they have little regard for their own contracts. I'm the Paul referred to in the original article

OK. I have a copy of that FUP grabbed, with my article on this in the background, as proof of date...
http://dl.dropbox.com/u/7618177/T-Mobile%203GB%20FUP.png
Anyone can feel free to use that as proof the Android package is still being sold today with 3GB FUP... Misleading business practices here...
I checked my bill, and found that inside the "what you pay for", my "Internet Plus (18 months)" is expressly and individually included. The fact I drove a bloody hard bargain and pay £4.25 p/m for it, and get a £5 p/m "loyalty" credit is besides the point... I pay for it outright, and will be taking all action as required to ensure they do not default on their contract with me to provide a service I expressly pay for (per my paper copy of my first bill)
I screenshotted my online bill, and posted it at http://dl.dropbox.com/u/7618177/T-mobile%20contract.png

am disgusted by this, i am one of the people paying £5 per month extra for the web'n'walk product, so not only am i paying for something which new contracts seem to get included free i also have to be downgraded!

(not sure if I submitted this comment already or not)
I checked my bill and am definitely paying for Internet Plus as an extra at £4.25 per month, at present.
It is a separate item, and is being paid for in cash, as I am "opting" to pay for it. I haven't received any SMS as of yet.
I am now attempting to get something out from the bowels of T-Mobile via a contact, who is a friend of a friend... We'll see what we can find out, but it might take a while for the info to wheedle its way back, though hopefully it would be a decisive answer...
That's the one thing T-Mob have failed at. Everyone there says something different...

Does anyone know if you can get T-mobile to cancel, can you take out a SIM only deal at a lower rate and port your number to the cheaper account?
Would love to reduce my monthly spend on minutes I never use. The SIM only deals seem to come with 1GB on the new FUP?

This is shocking as well:
http://forums.moneysavingexpert.com/showpost.php?p=40106476&postcount=64
Originally Posted by pault123 View Post
Hmmmmmmmmmmm it seems my "web n walk plus" has been removed from the "my price plan section" of the tmobile website.
Is now says "capped data rate"
they've removed my 3gb web n walk plus without even texting me, with no notice!

I think T-Mobile while being cunts for dropping the cap have been careful to word everything so that no one will be able to get out of their contract penalty free. So long as they do not charge you for going over the 500mb (which it says it will not, only restrict content) I am not sure if there will be detrimental change as in previous cases it always uses the fact you end up paying more to get out of contracts. Wherther not being able to watch YouTube clips is detrimental is another thing entirely.

Just called T-Mobile offering to PAY for more internet and they said 'no'. I was jut told it applies to ALL internet usage across T-Mobile's UK network.
I'm offering them business and they are turning it down - unbelievable.

so far had this from them:
"Neil, on Wednesday 2nd February, we are changing our Internet portfolio and Internet fair use policies (FUPs). As part of the changes, all existing Internet on your phone (web'n'walk) will have their FUPs reduced to 500MB. Currently, all Internet on your phone have a FUP between 1GB & 3GB. When the change comes into effect, you will still get unlimited browsing and email, so only things like downloading and watching video clips will be impacted by the reduction in FUP."
Only mentions web'n'walk so i've gone back stating that i pay extra for web'n'walk plus and am now waiting for a response

I have managed to locate the old Android 3bg T&C from before they inserted the line about buying direct from T-Mobile via phone store or internet:
Before:
Pay monthly plans which include internet on your phone on an Android phone You'll need internet coverage, check it at t-mobile.co.uk/streetcheck. Remember that you can only use your internet on your phone Booster in the UK and you can't use your phone as a modem or use web'n'walk Plus for peer to peer file sharing, or making internet phone calls. *Internet on your phone comes with a fair use policy of 3GB a month. We'll monitor how much you send and receive each calendar month so that we can protect our network for all our internet on your customers. If you use more than your fair use policy amount, we won't charge you any more, but we may restrict how you can use your plan, depending on how often you go over your amount and by how much. As your phone is always connected to the internet, if you remove your internet on your phone Plus Booster from your account you'll automatically be charged up to £1 every day. That £1 a day rate has its own fair use policy and other legal stuff, which you can see here: t-mobile.co.uk/services/uk/fairuse/#fup5.
After:
Pay monthly plans which include internet on your phone on an Android phone
You'll get internet on your phone Plus included if you join us on a pay monthly plan with an Android phone in a T-Mobile store, over the phone or via our website, t-mobile.co.uk. You'll need internet coverage, check it at t-mobile.co.uk/streetcheck. Remember that you can only use your internet on your phone Plus Booster in the UK and you can't use your phone as a modem or use Internet on your phone Plus for peer to peer file sharing, or making internet phone calls. *Internet on your phone Plus comes with a fair use policy of 3GB a month. We'll monitor how much you send and receive each calendar month so that we can protect our network for all our internet on your customers. If you use more than your fair use policy amount, we won't charge you any more, but we may restrict how you can use your plan, depending on how often you go over your amount and by how much. As your phone is always connected to the internet, if you remove your internet on your phone Plus Booster from your account you'll automatically be charged up to £1 every day. That £1 a day rate has its own fair use policy and other legal stuff, which you can see here: t-mobile.co.uk/services/uk/fairuse/#fup5.

Also just found this:
http://support.t-mobile.co.uk/discus...6dd2137000728a
RE: HTC Desire/Experia X10 tethering
Posted: 294 days ago in response to: JeroldD
Hi JeroldD
As with all handsets which include WnW Plus (always on internet including Android) tethering on the X10 is allowed and the data used counts towards your 3GB per month data allowance.
Tether to your hears content (but not over 3GB per month that is)
Barry
T-Mobile Forum Team

looks like i may need to find a way out, not paying £5 a month when people are getting it for free
"Thanks for your prompt reply Neil, asking me why are you entitled to the change of fair use policy.
Neil, I understand that you are paying for your web'n'walk plus. However,all customers who uses the internet on their phone are all subject to the change of fair use policy. "

I bought an iPhone with t-mobile specifically because the alternative Vodaphone only had a 1Gb limit (t-mobile advertised 3Gb with my tariff). Were it not for the 3Gb, I would have bought with Vodaphone. I do feel this is a breach of contract on their part and I would be interested to know if I can legitimately cancel my contract (but keep the iPhone!), moving to a different provider, without paying a cancellation fee.
Anyone know?

@ Robinson, you'd probably need a copy of the T&Cs of your contract from point of sale to back it up. Although as mentioned by PaulS, it's a case of proving whether the change to the T&C's is actually of material detriment.
I've posted a query on the T-Mo forum asking if they can clarify what's covered by "browsing" and "downloading/streaming".
Hopefully, using Google Navigation is covered by "browsing", otherwise those using it as their SatNav are in for a nasty surprise.

Hey everyone, I was just wondering which plan I was on, I got the contract off buymobilephones.net but then called up and got them to change it to android plan... when I check my account it says im on the 25ST plan is this the android plan..

I got a response back from the business account manager:
"We have just been briefed that the fair use policy is changing to 500Mb, this however will not restrict the web browsing, only downloads or video streaming. If you have used over 500MB in the last 6 months as a business customer you will not be changed in regards to usage."

I just had a call back back from the supervisor of one the various operators I spoke too yesterday.
He agreed with me that it is a ridiculous situation, and agreed that both Ofcoms and T-mobiles own T&Cs state that I should be entitled to terminate my agreement.
However, he did explain that Head office had sent out a communication saying that because the new FUP policy doesn't affect browsing they do not see it as material detriment.
How exactly can the average consumer get round this behaviour?!

A T-Mobile spokesperson told us, "T-Mobile will not charge its customers additional rates for exceeding these data limits, and those who do will still be able to access important services such as email and website browsing, but will have file downloading restricted.
"Customers who have a need for higher volumes of data will be encouraged to take up a separate mobile broadband plan."

I'm one of the Huawei U220 USB data stick users and this is a big blow because the data sticks (with the GBP29.99 Web 'n Walk plus plan) are not actually phones per say, but were sold as "broadband replacement" data sticks.
Because of the 3Gb limit; I have them plugged into Draytek Vigor routers in our offices as backup connections so, whilst on average they collectively don't exceed 500Mb, occasionally one does. We have Solwise antennas attached to them for good signal strength.
I'm getting legal to search through all of our contract terms - but not once during the sales cycle were we told that they were for 'browsing only'. We have all sorts of data going over these and whilst I understand that handsets may be limited to "browsing only" but a data stick implies that it is simply a conduit for internet connectivity. We have VPN software running over these for example.

T-Mobile has changed its mind and announced that its reduced data limits will now be for new and upgrading customers only.
Read more: http://www.techradar.com/news/phone-and-communications/t-mobile-backtracks-on-data-allowance-cut-921180#ixzz1AqSoKWAW

You're so cool! I do not suppose I've read anything like that before.
So good to discover another person with a few original thoughts on this issue.
Really.. thanks for starting this up. This web site is one thing that is needed
on the internet, someone with a bit of originality!